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Parliament Parliament of India

Maternity Benefit Bill raises leave to 26 weeks for women with fewer than two children

This Bill amends the Maternity Benefit Act, 1961 to increase the maximum maternity leave from twelve to twenty-six weeks for women with fewer than two surviving children.

It also extends benefits to adopting and commissioning mothers, mandates creche facilities in larger workplaces, and allows for work-from-home arrangements.

Who it concerns: Employers and employees in factories, mines, plantations, shops, or establishments employing ten or more persons (excluding those covered by the Employees' State Insurance Act, 1948). Specific provisions apply to establishments with fifty or more employees regarding creche facilities.

What the bill does

  • Increases maximum maternity benefit to twenty-six weeks (up to eight weeks before delivery) for women with fewer than two surviving children.
  • Retains the twelve-week benefit limit for women with two or more surviving children.
  • Entitles legally adopting mothers (for children under three months) and commissioning mothers to twelve weeks of maternity benefit from the date the child is handed over.
  • Allows employers to permit women to work from home after maternity leave if the nature of work allows, subject to mutual agreement.
  • Mandates establishments with fifty or more employees to provide creche facilities within a prescribed distance.
  • Requires employers to allow four visits per day to the creche by the woman, including rest intervals.
  • Requires all establishments to inform women in writing and electronically about available benefits at the time of initial appointment.

Also in the document

  • The Bill defines a 'commissioning mother' as a biological mother who uses her egg to create an embryo implanted in another woman.
  • The Central Government is empowered to prescribe the distance for creche facilities via rules.
  • The commencement date is to be appointed by the Central Government via notification in the Official Gazette.

Where this bill is now: Became law (Act)

How this was written

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The original document

Parliament of India — Bills (Lok Sabha & Rajya Sabha)

Bill / law · Ref. XLIII · 11 Aug 2016

Bill passed rs 11 Aug 2016 Open the document On sansad.in ↗
Read it here

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